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Title 49, TransportationRelease 119-110

§40115 Withholding Information

Title 49 › SUBTITLE VII — AVIATION PROGRAMS › PART A — AIR COMMERCE AND SAFETY › subpart i — general › CHAPTER 401 — GENERAL PROVISIONS › § 40115

Last updated Sep 22, 2026|Official source

Summary

A person can object in writing when information filed under this law or information the Secretary of Transportation, a State, or the U.S. Postal Service got under this law is made public. The objection must say why. If the Secretary or Postal Service decides release would hurt U.S. negotiating positions in foreign talks or harm an airline’s competitive standing in foreign air service, they must keep it secret. A congressional committee that is allowed to see the information cannot be denied it.

Full Legal Text

Title 49, §40115

Transportation, Source: USLM XML via OLRC

(a)Objections to Disclosure.—
(1)A person may object to the public disclosure of information—
(A)in a record filed under this part; or
(B)obtained under this part by the Secretary of Transportation or State or the United States Postal Service.
(2)An objection must be in writing and must state the reasons for the objection. The Secretary of Transportation or State or the Postal Service shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information would—
(A)prejudice the United States Government in preparing and presenting its position in international negotiations; or
(B)have an adverse effect on the competitive position of an air carrier in foreign air transportation.
(b)Withholding Information From Congress.—
This section does not authorize information to be withheld from a committee of Congress authorized to have the information.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 4011549 App.:1504.Aug. 23, 1958, Pub. L. 85–726, § 1104, 72 Stat. 797; restated Oct. 24, 1978, Pub. L. 95–504, § 39, 92 Stat. 1743; Feb. 15, 1980, Pub. L. 96–192, § 19, 94 Stat. 43. In subsection (a)(1)(B), the words “the Secretary of Transportation or State or the United States Postal Service” are substituted for “the Board, the Secretary of State, or the Secretary of Transportation” because under 49 App.:1551 the duties of the Civil Aeronautics Board were transferred to the Secretary of Transportation and the Postal Service. In subsection (a)(2), the words “shall order the information withheld from public disclosure when the appropriate Secretary or the Postal Service decides that disclosure of the information” are substituted for “shall be withheld from public disclosure by the Board, the Secretary of State or the Secretary of Transportation” for clarity and because of the restatement. In subsection (b), the words “The Board, the Secretary of State, or the Secretary of Transportation, as the case may be, shall be responsible for classified information in accordance with appropriate law” are omitted as surplus.

Reference

Citations & Metadata

Citation

49 U.S.C. § 40115

Title 49, Transportation

Last Updated

Sep 22, 2026

Release point: 119-110